The High Court directed the Settlement Officer of Consolidation to decide a pending appeal under the U.P.C.H. Act, which had been incomplete since 2013, within six months.
Respondent No. 1 directed to decide the pending appeal within six months from the date of production of the certified copy of this order.
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Court No. - 49
Case :- WRIT - B No. - 2773 of 2019
Petitioner :- Hari Shankar Verma Respondent :- Settlement Officer Of Consolidation And 8 Others
Counsel for Petitioner :- R.C. Maurya Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel on behalf of respondent nos. 1 and 2.
In view of the order proposed to be passed today, notices need not be issued to respondent nos. 3 to 4/5 as private respondents.
On 22.11.2019, following order was passed:-
"Heard learned counsel for the petitioner and learned Standing Counsel accepted notice on behalf of respondent Nos.1 and 2.
In the writ petition, a prayer has been made by learned counsel for the petitioner to issue a direction to the respondent No.1/Settlement Officer of Consolidation Varanasi to decide pending Appeal No.420/573/878 under Section 11(1) of U.P.C.H. Act, (Sampatti Devi Vs. Phoolpatti Devi) of Mauja Pahari Pargana Dehat Amanat Tehsil and District Varanasi.
It is argued by learned counsel for the petitioner that the appeal is pending since 2013 but till date no final decision has been taken.
From perusal of the order-sheets it transpires that although various dates were fixed from time to time but on account of one reason or other, the appeal could not be decided. It is contended by learned counsel for the petitioner that the next date fixed in the appeal before the respondent No.1 is 28.11.2019.
Matter requires consideration.
In the circumstances, learned Standing Counsel is granted two weeks' time to seek instructions in the matter and also to file short counter affidavit indicating therein the reasons for not deciding the appeal pending since 2013. if final order has already been passed in the same, a copy of the order be annexed with the short counter affidavit.
Put this matter as fresh on 09.12.2019."
Pursuant to the same, the instruction received by Sri Ashish Chandra Nishad, learned Standing Counsel from the office of Settlement Officer of Consolidation, Varanasi was placed before the Court and the same is taken on record. From the perusal of the same, it transpires that the matter of the petitioner
is in active consideration before the respondent no. 1.
Without entering into the merits of the case, respondent no. 1 is directed to decide the pending Appeal no.420/573/878 under Section 11(1) of the U.P.C.H. Act, filed by the Sampatti Devi against Phoolpatti Devi, expeditiously and preferably within a period of six months from the date of production of certified copy of this order.
Order Date :- 9.12.2019 Swati
1 issue framed by the court
Whether to direct the settlement officer to decide the pending land appeal pending since 2013.
1 provisions across 1 enactments
Hari Shankar Verma
Settlement Officer Of Consolidation
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
